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Fairfield City Zoning Code

SPECIAL USES

§ 154.150 PURPOSE.

   The purpose of these special use regulations is to ensure that certain land uses, which may have unique characteristics or potential impacts, are reviewed and regulated to maintain the health, safety and welfare of the community. These regulations are intended to:
   (A)   Promote compatibility between special uses and surrounding properties by addressing potential impacts such as noise, traffic, visual appearance and environmental effects;
   (B)   Protect and enhance the character, quality and stability of neighborhoods, commercial areas and public spaces;
   (C)   Provide a clear and predictable process for the review, approval and enforcement of special uses;
   (D)   Ensure that special uses contribute positively to the community by balancing the needs of property owners, neighbors and the broader public interest; and
   (E)   Align with the goals and policies set forth in the town’s comprehensive plan or other adopted planning documents.
(Ord. 2025-12, passed 6-18-2025)

§ 154.151 DEFINITIONS.

   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ABANDONMENT. The discontinuation of a use or activity for a period of 12 consecutive months or more, unless otherwise approved by the town.
   ACCESSORY BUILDING OR STRUCTURE. A building or structure that is subordinate to the primary use of a property and serves a purpose customarily incidental to the main use.
   APPLICATION. A complete package submitted to the town for review of a proposed special use, including all required forms, fees, plans and documentation.
   BUFFER. A landscaped area or physical barrier intended to reduce visual, sound or operational impacts between dissimilar uses.
   COMPATIBILITY. The degree to which a proposed use is consistent in scale, appearance, intensity and function with surrounding uses or zoning districts.
   DUST-FREE SURFACE. A stable, compacted surface made of gravel, concrete, asphalt or similar material approved by the town to minimize airborne dust.
   FINDINGS. Written conclusions by the Planning Commission that justify the approval, denial or modification of a special use permit based on applicable criteria.
   GENERAL PLAN. The officially adopted planning document of the town that guides future growth, land use, infrastructure and community development.
   HAZARDOUS MATERIALS. Any substance or material that may pose a threat to health, safety or the environment as defined by federal, state or local law.
   MATERIAL MODIFICATION. A substantial change to an approved special use, including, but not limited to, changes in intensity, site layout, building footprint, hours of operation or approved conditions.
   MITIGATION. Measures taken to reduce or eliminate negative impacts resulting from a development or land use, such as noise, light, odor or traffic.
   NOISE BARRIER. A physical structure, such as a wall or fence, designed to block or absorb noise to protect adjacent properties.
   ODOR MITIGATION PLAN. A written plan outlining the steps a property owner or operator will take to prevent offensive odors from crossing property lines.
   OPERATIONAL STANDARDS. Conditions and performance measures imposed on a use to ensure it operates safely, quietly and without adverse community impacts.
   SCREENED FENCING. A fence or wall, typically six to eight feet in height, designed to obscure outdoor storage, equipment or operations from public view using solid or opaque materials.
   SPECIAL USE. A land use that is allowed within a zoning district only after review and approval by the town, subject to specific conditions to ensure compatibility and mitigate impacts.
   SPECIAL USE PERMIT (SUP). A permit issued by the town allowing a special use, subject to compliance with all applicable standards and conditions.
   TEMPORARY STRUCTURE. A non-permanent building or container used on a property for a limited duration in support of an approved use or construction activity.
   TOWN. Fairfield, Utah.
   USE. The purpose or activity for which a lot, building or structure is designed, intended or occupied.
   ZONING ADMINISTRATOR. The individual or office responsible for interpreting and enforcing the town’s zoning ordinance, which may include the Mayor or Town Recorder/Clerk as designated.
(Ord. 2025-12, passed 6-18-2025)

§ 154.152 GENERAL REGULATIONS.

   The following general regulations shall apply to all special uses within the jurisdiction of the town to ensure consistency, fairness and adherence to community standards.
   (A)   Compliance with zoning and land use plans. All special uses must comply with the requirements of the zoning district in which they are located and align with the goals and objectives of the town’s comprehensive plan and other applicable land use policies.
   (B)   Minimization of adverse impacts. Special uses shall be designed, located and operated to minimize negative impacts on surrounding properties, including, but not limited to, noise, vibration, odors, light, traffic and visual intrusions.
   (C)   Adequate infrastructure and services. Special uses must have access to adequate public infrastructure, including roads, utilities, water, sewer and emergency services, without placing undue burden on existing systems or requiring unplanned expansions.
   (D)   Traffic and access management. Special uses shall provide safe and efficient ingress and egress, with adequate off-street parking and loading areas to avoid traffic congestion and ensure pedestrian safety.
   (E)   Compatibility with surrounding land uses. Special uses must demonstrate compatibility with adjacent and nearby land uses, including appropriate buffering, landscaping or screening where necessary to reduce visual or operational conflicts.
   (F)   Lighting. Lighting must be directed downward to avoid glare on neighboring properties. Must follow the town’s lighting ordinance.
   (G)   Environmental protection. Special uses shall avoid significant adverse impacts on natural resources, including wetlands, floodplains, water bodies and environmentally sensitive areas. Appropriate mitigation measures shall be required where impacts cannot be fully avoided.
   (H)   Hazardous material storage and spill prevention. Storage of fuels, chemicals or hazardous materials shall comply with all applicable federal, state and local regulations, including the International Fire Code. All hazardous materials must be stored in appropriate containers with clearly marked labels and housed in secured areas.
   (I)   Secondary containment systems. Secondary containment systems are required to prevent contamination in the event of a spill or leak. Containment must be capable of holding at least 110% of the volume of the largest container stored.
   (J)   Emergency response plan. Spill prevention, control and countermeasure (SPCC) plan or equivalent emergency response plan shall be submitted to the town as part of the application. This plan must identify:
      (1)   All hazardous materials proposed to be stored or used on-site;
      (2)   Spill containment methods;
      (3)   Emergency contacts and training procedures; and
      (4)    Clean-up and disposal procedures in compliance with EPA and State DEQ regulations.
   (K)   Operational standards. All special uses must comply with applicable operational standards established by federal, state and local regulations, including building codes, health and safety codes and environmental laws.
   (L)   Time limitations and phasing. The town may impose time limitations on the duration of a special use or require phasing plans to ensure orderly development and compliance with conditions of approval.
   (M)   Periodic review and compliance. Special uses may be subject to periodic review by the town to ensure continued compliance with the terms of approval. Failure to comply may result in revocation or modification of the permit.
   (N)   Conditions of approval. The town may impose additional conditions as necessary to address unique characteristics of the proposed use or its site to ensure compatibility with surrounding properties and adherence to the public interest.
   (O)   Expiration and renewal. Special use permits shall expire if the use is not established or operational within one year of the date of approval, unless an extension is granted by the Planning Commission. A use shall be considered “established” when:
      (1)   All required permits have been obtained;
      (2)   Construction (if applicable) has commenced; and
      (3)   The use has begun operating or been substantially implemented.
   (P)   Transferability. Special use permits shall not be transferable without prior approval of the town, unless otherwise specified in the terms of the permit.
   (Q)   Modification of approved special uses. Any material changes to an approved special use shall require review and approval by the town through the same process as the initial application.
(Ord. 2025-12, passed 6-18-2025)

§ 154.153 APPLICATION AND APPROVAL.

   (A)   Application. Any person or entity seeking a special use permit within the town must submit a complete application package to the Town Administrator. The application must include the following:
      (1)   Completed application form. A fully completed application form, signed by the applicant and the property owner (if different from the applicant);
      (2)   Application fee. Payment of the required non-refundable application fee, as set forth in the Town Fee Schedule, to cover administrative and review costs;
      (3)   Proof of ownership or authorization. Documentation demonstrating that the applicant owns the property or has authorization from the property owner to submit the application;
      (4)   Project description. A detailed narrative describing the proposed use, including:
         (a)   The nature and scope of the activity;
         (b)   Hours of operation;
         (c)   Anticipated traffic generation;
         (d)   Proposed number of employees (if applicable); and
         (e)   Any potential environmental impacts or mitigation measures.
      (5)   Site plan. A scaled site plan or survey, prepared by a licensed professional (if required). Site plans shall comply with the site plan requirements found in § 151.22 of this code, and include nearby streets and adjacent property uses.
      (6)   Floor plans and building elevations. For applications involving new construction or building modifications, detailed floor plans and building elevations showing the size, layout and appearance of the structures.
      (7)   Traffic impact study. If required by the town, a traffic impact study prepared by a qualified professional to assess the potential effects of the proposed use on traffic flow and safety.
      (8)   Environmental impact analysis. If applicable, an environmental impact analysis identifying potential effects on natural resources, wetlands, floodplains or other sensitive areas, along with proposed mitigation measures.
      (9)   Neighbor notification list. A list of all names and addresses of all property owners adjacent to the subject property or 500 feet minimum, for purposes of public notification.
      (10)   Public hearing notice materials. Must follow state code.
      (11)   Additional studies or reports. Any additional studies, reports or documentation deemed necessary by the town, such as noise studies, utility impact analyses or economic feasibility assessments.
      (12)   Statement of compliance. A written statement from the applicant explaining how the proposed special use complies with the zoning ordinance, special use regulations and the town’s comprehensive plan.
      (13)   Digital copies. A digital copy of all submitted documents and plans in a format acceptable to the town.
   (B)   Screened fencing. All areas used for storage, equipment being worked on, stored inventory, manufactured goods for sale or fabrication must be fully enclosed with screened fencing to minimize visual impact and ensure site aesthetics.
   (C)   Other information. Any other information deemed necessary by the town to adequately evaluate the application, as specified during pre-application consultations.
   (D)   Incomplete applications. Applications missing any of the required elements will be deemed incomplete and will not be processed until all deficiencies are addressed.
   (E)   Review by the Planning Commission. The Planning Commission shall review each special use permit application and make its decision based on whether the application meets all applicable provisions of this code.
   (F)   Findings.
      (1)   The Planning Commission shall document its findings to confirm that the application satisfies all relevant provisions of this code.
      (2)   If the application does not meet the required provisions, the Planning Commission shall specify the reasons for denial in writing.
   (G)   Appeals. Decisions of the Planning Commission may be appealed in accordance with the procedures established in § 154.048 within ten days from the date of the Planning Commission’s decision.
(Ord. 2025-12, passed 6-18-2025)

§ 154.154 REVOCATION OF SPECIAL USE PERMITS.

   A special use permit may be revoked by the town for:
   (A)   Violation of any condition of approval;
   (B)   Operation of the use in a manner detrimental to public health or safety; or
   (C)   (1)   Abandonment or discontinuation of the use for 12 consecutive months.
      (2)   The permit holder shall be notified in writing and provided an opportunity to cure violations or request a hearing before the Planning Commission.
(Ord. 2025-12, passed 6-18-2025)

§ 154.155 CONTRACTOR YARDS AND INDUSTRIAL OUTDOOR STORAGE.

   (A)   Use-specific setbacks.
      (1)   All storage areas, equipment and materials must be located at least: 100 feet from any residential property line; and 25 feet from public rights-of-way.
      (2)   No storage or activity shall occur within the required landscaping buffers or front yard setback.
   (B)   Height of stored materials. Materials, equipment or vehicles stored outdoors shall not exceed 16 feet in height unless screened by a solid structure or enclosure of equivalent or greater height.
   (C)   Pavement and surface requirements.
      (1)   Storage and operational areas must be paved or surfaced with dust-free materials, such as gravel, asphalt or concrete, as approved by the town.
      (2)   Appropriate stormwater management features, such as permeable surfaces or retention areas, must be incorporated to prevent runoff.
   (D)   On-site waste management.
      (1)   All waste materials generated on-site must be stored in designated, enclosed areas and regularly disposed of.
      (2)   Open burning of waste or debris is prohibited.
   (E)   Vehicle and equipment restrictions.
      (1)   Only vehicles and equipment directly associated with the contractor’s or industrial operation may be stored on-site.
      (2)   No long-term storage of unregistered, inoperable or salvaged vehicles or equipment is permitted unless explicitly authorized.
   (F)   Temporary structures.
      (1)   Temporary structures, such as storage containers or modular offices, may be allowed with prior approval but must be located in compliance with setback and screening requirements.
      (2)   Temporary structures must be removed within a specified time frame if no longer associated with the approved use.
   (G)   Fuel and chemical storage.
      (1)   Storage of fuels, chemicals or hazardous materials must comply with all federal, state and local regulations including International Fire Code and include secondary containment systems to prevent contamination.
      (2)   A spill response plan must be submitted with the application and kept on-site.
   (H)   Fencing and security.
      (1)   Contractor yards and industrial outdoor storage facilities must be fully enclosed with a secure fence or wall, at least six feet in height, with lockable gates.
      (2)   Security measures, such as surveillance cameras or lighting, must be implemented to deter unauthorized access.
   (I)   Seasonal and idle equipment. Seasonal or idle equipment stored on-site must be maintained in operable condition and stored in an orderly manner.
(Ord. 2025-12, passed 6-18-2025) Penalty, see § 154.999

§ 154.156 AUTOMOTIVE USES.

   The following standards shall apply to all automotive uses, including automotive repair, automotive paint and repair, automotive service, automotive storage, towing yards and automotive rentals.
   (A)   Storage of vehicles must be screened from public view with a minimum six feet opaque fence or solid wall.
   (B)   Spray painting/bodywork must be conducted inside enclosed, ventilated and environmentally safe structures.
   (C)   No dismantling or salvaging of vehicles shall be permitted on-site.
   (D)   Vehicles may not be stacked.
   (E)   Stormwater management measures must be in place to prevent fluid leaks from contaminating the ground.
   (F)   A maximum storage duration of 180 days per vehicle shall be enforced.
   (G)   All vehicle storage must be on a paved or stabilized surface to minimize dust and environmental impact.
(Ord. 2025-12, passed 6-18-2025)

§ 154.157 AUTO SELF-SERVE STATIONS, GAS STATIONS, CONVENIENCE STORES, FUEL STATIONS.

   (A)   Location restrictions.
      (1)   Gas stations and convenience stores must be located at least: 300 feet from schools, daycare centers and residential zoning districts, unless otherwise approved with appropriate mitigation measures; and 1,000 feet from existing gas stations to avoid over-concentration, unless deemed necessary to serve the community.
      (2)   Sites must be located at intersections or along major arterial or collector streets for optimal traffic flow and access.
   (B)   Fueling station setbacks.
      (1)   Fuel pump islands must be set back at least: 25 feet from all property lines; and 50 feet from any residential property or district boundary.
   (C)   Canopy design and lighting.
      (1)   Canopies over fuel pumps must:
         (a)   Be designed to complement the architectural character of the primary building; and
         (b)   Shall not exceed 20 feet in height.
      (2)   Lighting under the canopy must be fully recessed and shielded to prevent glare onto adjacent properties or roadways.
   (D)   Underground storage tanks (USTs).
      (1)   All underground storage tanks must comply with state and federal regulations for installation, monitoring and spill prevention.
      (2)   A spill containment and response plan must be submitted as part of the application.
   (E)   Traffic and access management.
      (1)   A minimum of two access points must be provided, with no access drive located closer than 50 feet to an intersection.
      (2)   Driveways must align with existing or planned driveways on opposite sides of the street, wherever feasible.
      (3)   On-site circulation must allow for safe and efficient movement of vehicles, including fuel delivery trucks, without impeding traffic on public roads.
   (F)   Parking requirements.
      (1)   A minimum of one space per 250 square feet of building area is required, excluding fueling positions.
      (2)   Fueling positions shall not count toward required parking spaces.
   (G)   Screening and buffering.
      (1)   A solid fence or wall, six feet in height, and landscaping shall be required along property lines adjoining residential districts or uses.
      (2)   Dumpster and service areas must be fully screened with materials matching the primary building.
   (H)   Convenience store regulations.
      (1)   Outdoor display or sale of goods (e.g., propane tanks, firewood, ice machines) is permitted only in designated areas approved on the site plan.
      (2)   Overnight parking of commercial vehicles is prohibited unless explicitly approved.
      (3)   Alcohol sales must comply with local and state licensing requirements.
   (I)   Environmental protections.
      (1)   Stormwater runoff must be managed to prevent contamination of nearby water resources.
      (2)   Spills from fueling operations must be cleaned immediately, and all spills must be reported in compliance with local, state and federal requirements.
   (J)   Signage.
      (1)   Freestanding signs must be located outside visibility triangles and set back at least ten feet from property lines.
      (2)   Electronic price displays must not flash or change more frequently than once every 30 seconds.
   (K)   Hours of operation. Hours of operation may be restricted in proximity to residential areas. Standard hours of operation are 5:00 a.m. to 11:00 p.m., unless otherwise approved.
   (L)   Security measures.
      (1)   Security cameras must monitor all fueling stations, entry points and parking areas.
      (2)   The site must be well-lit, with lighting designed to minimize glare and spillover onto adjacent properties.
   (M)   EV charging stations. If electric vehicle (EV) charging stations are provided, they must be located to avoid traffic congestion and must be clearly marked and accessible.
   (N)   Air and water stations. An air and water station must be provided for public use and located to ensure safe access without impeding on-site traffic circulation.
   (O)   Fuel delivery restrictions. Fuel deliveries must be restricted to off-peak hours to minimize traffic disruptions.
(Ord. 2025-12, passed 6-18-2025)

§ 154.158 MICROBREWERIES AND DISTILLERIES.

   (A)   Outdoor seating or entertainment areas must be at least 100 feet from residential properties.
   (B)   Loading/unloading zones must be designed to prevent traffic congestion.
   (C)   Odor mitigation measures may be required.
(Ord. 2025-12, passed 6-18-2025)

§ 154.159 SHOWROOM AND SALES CENTERS.

   (A)   Buildings must be architecturally compatible with surrounding structures.
   (B)   Parking areas must be paved and ADA-compliant.
   (C)   Outdoor display areas must be screened from public roads.
(Ord. 2025-12, passed 6-18-2025)

§ 154.160 COMMERCIAL GREENHOUSES AND HYDROPONIC GREENHOUSES.

   (A)   Must include a water conservation plan and use responsible irrigation practices.
   (B)   Chemical storage and fertilizer handling must follow state environmental regulations.
   (C)   Must be set back at least 50 feet from residential properties.
   (D)   Operators must implement an odor mitigation plan
   (E)   No detectable odors should cross property boundaries. Verified complaints will require immediate mitigation.
   (F)   Operators must submit a waste management plan detailing how plant and water runoff will be handled.
(Ord. 2025-12, passed 6-18-2025)

§ 154.161 WELDING, FABRICATION, MACHINE SHOP AND SMALL ENGINE REPAIR.

   (A)   Operations producing noise or vibrations must be conducted indoors or be mitigated with noise barriers.
   (B)   Storage of hazardous materials must comply with federal and state regulations.
(Ord. 2025-12, passed 6-18-2025)

§ 154.162 FIREWORKS SALES/STANDS.

   (A)   Firework storage and sale areas must comply with State Fire Code.
   (B)   A fire suppression and emergency plan must be submitted.
   (C)   Temporary sales stands must be at least 300 feet from residential properties.
(Ord. 2025-12, passed 6-18-2025)

§ 154.163 PUBLIC UTILITY STATIONS.

   (A)   Must be screened with landscaping or fencing to minimize visual impact; and
   (B)   Noise-producing equipment must meet the town’s noise ordinances.
(Ord. 2025-12, passed 6-18-2025)

§ 154.164 PAWN SHOPS.

   (A)   Must be at least 1,000 feet from any school, park or residential area; and
   (B)   Security measures, including surveillance cameras and proper lighting, are required.
(Ord. 2025-12, passed 6-18-2025)

§ 154.165 WAREHOUSE STORAGE UNITS (COMMERCIAL).

   (A)   Shall not be used for residential storage or self-storage purposes; and
   (B)   Must provide adequate loading docks and circulation areas to prevent traffic congestion.
(Ord. 2025-12, passed 6-18-2025)

§ 154.166 INDOOR SHOOTING RANGES.

   (A)   Safety regulations.
      (1)   Must conform to all federal, state and industry regulations for health and safety;
      (2)   Construction must be designed and certified to capture all fired rounds;
      (3)   No ammunition may be fired that exceeds the range’s certified design specifications;
      (4)   Alcoholic beverages shall not be sold, consumed or permitted on the premises;
      (5)   A written log of all range users must be maintained by the range operator;
      (6)   Minors must be accompanied by a responsible adult at all times. No child under eight years old may discharge or handle firearms;
      (7)   On-site supervision and monitoring must be provided at all times; and
      (8)   A cut-wire protected alarm system must be installed for general security.
   (B)   Sound study.
      (1)   A sound study shall be conducted and submitted with the application.
      (2)   Noise levels above 65 decibels at property lines shall be considered a nuisance and require mitigation.
   (C)   Additional components.
      (1)   May include a retail component for the sale and rental of firearms, ammunition and related accessories;
      (2)   May include classroom facilities for community education and gun safety training; and
      (3)   May include a restaurant or dining component.
(Ord. 2025-12, passed 6-18-2025)

§ 154.167 MULTI-TENANT INDUSTRIAL BUILDING (MTIB).

   (A)   Multi-use configuration. Units may be used for a combination of industrial, office and storage purposes, subject to zoning compliance.
   (B)   Independent or shared facilities. Each tenant may have independent access or share common infrastructure such as loading docks, parking and utilities.
   (C)   Zoning compliance. All businesses operating within the MTIB must comply with the permitted and conditional uses outlined in the Light Industrial West Zone.
   (D)   Parcel and ownership structure. The building may be under single or multiple ownership, with businesses leasing or owning individual units.
   (E)   Tenant improvement permit requirement. Each tenant is required to obtain a tenant improvement permit from the town before making any modifications, alterations or occupying space within the MTIB. This includes, but is not limited to:
      (1)   Interior build-outs, electrical, plumbing and structural changes;
      (2)   Installation of new equipment or machinery requiring utility connections; and
      (3)   Changes to the use of the space that may impact zoning, fire codes or safety regulations.
(Ord. 2025-12, passed 6-18-2025)

§ 154.168 SPECIAL AND CONDITIONAL USES WITHIN THE AMUZ.

   A special use is a land use that is not permitted by right within a zoning district but may be allowed subject to review and approval by the town, and only when specific conditions are met to ensure compatibility with surrounding uses and the intent of the zone. Special uses require the applicant to demonstrate that the use: will not create adverse impacts to public health, safety or welfare; can be operated in harmony with the general character of the area; complies with all condition of approval imposed by the town to mitigate potential impacts; and complies with the currently adopted International Building Code (IBC), International Fire Code (IFC), International Mechanical Code (IMC) and all other applicable state and federal regulations, as adopted and amended by the state and the town. All special use applicants must submit to a building code and fire code inspection prior to obtaining any town approvals.
   (A)   Aircraft construction, service and sales (special use).
      (1)   Spray finishing operations shall comply with IFC Chapter 24 (Flammable Finishes) and IBC Group S-1 construction requirements, including provisions for spray booths, ventilation, explosion protection, electrical classification and fire suppression systems.
      (2)   Operations limited to small aircraft with a maximum gross weight of 12,500 pounds, Electrical systems and wiring within spray areas shall comply with hazardous-location requirements of the IFC and National Electrical Code.
      (3)   Adequate ventilation, dust collection and noise mitigation measures shall be installed.
   (B)   Airframe repair/painting (special use).
      (1)   Comply with NFPA 33 for spray application and NFPA 409 for hangars;
      (2)   Limit operations to small aircraft with a total gross weight limit of 12,500 pounds;
      (3)   Hazardous location electrical compliance, and approved fire suppression systems; and
      (4)   Adequate ventilation, dust collection and noise mitigation measures shall be installed.
   (C)   Engine repair (special use). Limited to repair and maintenance of small aircraft engines with a total gross weight limit of 12,500 pounds.
      (1)   Hazardous materials storage in accordance with IFC; and
      (2)   Noise mitigation measures required to reduce impact on surrounding areas.
   (D)   Fuel storage (fuel farm) and dispensing facilities (special/conditional use).
      (1)   Purpose. To ensure that any fuel storage or dispensing facility within the WDAZ operates in compliance with FAA guidance, adopted fire codes and environmental regulations without creating undue risk to surrounding properties, people or aviation operations.
      (2)   Code compliance. Facilities shall comply with:
         (a)   IFC Chapter 23 (Motor Fuel-Dispensing Facilities), Chapter 57 (Flammable and Combustible Liquids) and related chapters, as adopted by the state; and
         (b)   FAA AC 150/5230-4B (Aircraft Fuel Storage, Handling, Training and Dispensing on Airports). All applicable federal and state environmental regulations, including spill prevention and secondary containment requirements.
      (3)   Fuel dispensers. Both fixed and mobile dispensers must meet IFC Chapter 23 requirements, grounding/bonding standards and inspection/maintenance provisions.
      (4)   Location and separation.
         (a)   Fuel farms and tanks must be sited in accordance with IFC separation tables and FAA AC 150/5230-4B; and
         (b)   Minimum 150-foot setback from residential property lines or public roads, or greater if required by IFC/FAA standards.
      (5)   Tank standards.
         (a)   Only aboveground storage tanks (ASTs) are permitted.
         (b)   Tanks must be double-walled or provided with approved secondary containment.
         (c)   Emergency venting, overfill protection and spill containment shall meet IFC and EPA requirements.
      (6)   Security.
         (a)   Fuel areas must be fenced with controlled access.
         (b)   Adequate lighting and surveillance must be provided for operational safety.
      (7)   Operations and training.
         (a)   Fueling personnel must be trained and certified per FAA AC 150/5230-4B.
         (b)   Spill response kits must be present at all fueling points.
      (8)   Inspections.
         (a)   Annual inspections required by County Fire Marshal or State Fire Marshal; and
         (b)   The town reserves the right to conduct inspections without prior notice.
      (9)   Bonding requirement. Operators must post performance/environmental bonds in an amount determined by the Town Council.
      (10)   Permit expiration. Special use approval expires if construction does not commence within one year or if operations cease for more than 180 days.
      (11)   Fuel tax reporting. All fuel sales subject to town fuel tax must be reported as required by ordinance.
   (E)   Private air school (special use).
      (1)   Certification and standards.
         (a)   The flight training program must operate under FAA Part 61 or Part 141 certification.
         (b)   Training shall be limited to small aircraft with a maximum certificated takeoff weight of 12,500 pounds or less.
         (c)   Training flights must be conducted under visual flight rules (VFR) and in compliance with approved airpark traffic patterns and altitudes.
      (2)   Ownership and operation.
         (a)   The flight school shall be operated by the airpark owner, or a designated operator under written authorization from the airpark entity;
         (b)   Operation of the flight school shall remain under the direct control and supervision of the airpark entity; and
         (c)   Contracting with, leasing to or otherwise allowing independent outside flight training organizations, commercial operators or collegiate flight programs to conduct training at the facility is prohibited unless specifically approved as a separate special use by the town.
      (3)   Scope of operations.
         (a)   Flight training shall remain incidental and subordinate to the airpark’s primary use as a private general aviation facility.
         (b)   Touch-and-go operations may be limited, restricted to designated training periods or prohibited by the town to minimize noise and community impacts. Touch-and-go operations count toward daily operations limits.
      (4)   Hours of operation.
         (a)   Shall be limited to daytime hours; and
         (b)   Night training is strictly prohibited.
      (5)   Noise and community impact mitigation.
         (a)   The operator shall implement noise-abatement procedures consistent with FAA guidance and town policy.
         (b)   Training flights shall be conducted in designated practice areas to minimize overflight of residential neighborhoods.
      (6)   Compliance and enforcement.
         (a)   The program shall comply with all applicable FAA regulations and town ordinances.
         (b)   Violation of these provisions or conditions of approval shall constitute grounds for modification, suspension or revocation of the special use permit.
   (F)   Restaurant (special use). Subject to IBC/IFC compliance, building permit, parking and Health Department approvals.
   (G)   Service and sales (special use).
      (1)   Limited to small aircraft, 12,500 pounds;
      (2)   Must comply with FAA AC 43.13-1B for inspection/repair standards; and
      (3)   Subject to state and local business licensing requirements.
   (H)   Shell hangars (special use).
      (1)   Occupancy classification. Hangars shall be classified as IBC Group S-1 (Moderate-Hazard Storage) and must meet all IBC/IFC requirements for fire protection, ventilation and construction standards.
      (2)   Aircraft type. Hangars are limited to the storage and protection of small aircraft with a maximum certificated takeoff weight of 12,500 pounds or less.
      (3)   Non-aviation use. Any non-aviation use or occupancy requires special or conditional use approval and the appropriate building or tenant improvement permit.
      (4)   Structure requirements. Hangars must remain fully enclosed structures intended solely for aircraft storage and protection. Residential occupancy and unrelated commercial uses are prohibited.
      (5)   Permitted uses. Hangars shall be used primarily for aeronautical purposes. Permitted uses include:
         (a)   Aircraft storage. Storage of active, airworthy aircraft. The maximum number of allowed aircraft based in a small airport is 29 and the maximum number of hangars allowed is 29. The airpark currently has 29 hangars;
         (b)   Aircraft construction and maintenance. Non-commercial construction, maintenance, repair or refurbishment of amateur-built or kit-built aircraft, provided activities are conducted safely and in compliance with IBC/IFC requirements;
         (c)   Aircraft equipment storage. Storage of tools, work benches, tow bars, glider equipment and other materials used to service, maintain or outfit aircraft;
         (d)   Aeronautical equipment. Storage of gear directly supporting aeronautical activity, including balloon or skydiving equipment, office equipment and training materials;
         (e)   Incidental storage. Limited storage of personal or non-aeronautical items (e.g., furniture, televisions), provided such items do not interfere with aircraft movement, access or the hangar’s primary aeronautical use; and
         (f)   Aircraft refurbishment. Maintenance, repair or refurbishment of aircraft is permitted, but indefinite storage of non-operational aircraft is prohibited.
      (6)   Shell hanger prohibited uses. The following are prohibited unless specifically approved as a special or conditional use:
         (a)   Residential occupancy. Sleeping quarters, overnight lodging or residential use;
         (b)   Unrelated commercial activity. Industrial, retail, restaurant, entertainment or assembly uses not directly supporting aviation;
         (c)   Non-aircraft storage. Vehicles, boats, trailers/motorhomes (equipped with on board sewage capacity or equipment unrelated to aircraft operations, except for a vehicle temporarily parked while the owner is using the aircraft;
         (d)   Hazardous storage. Hazardous materials not directly related to aircraft maintenance or operation;
         (e)   Interference. Any use or storage that impedes aircraft movement, blocks access or displaces aircraft from the hangar’s primary aeronautical purpose; and
         (f)   Other aircraft. Helicopters, gyrocopters, drones and rotoblade aircraft.
   (I)   Special events (special use). Must comply with AMUZ operational limitations, have town approval at least 60 days in advance under the town special event permit application, and submit a temporary safety/emergency operations plan for approval by the Town and County Fire Marshal.
   (J)   Caretaker dwellings (conditional use). Only one caretaker dwelling is permitted per airpark or nonresidential development, subject to conditional use approval.
   (K)   Café (conditional use). Subject to IBC/IFC compliance, Health Department approvals and site plan review.
   (L)   Crew rest facilities in a hangar (conditional use).
      (1)   Purpose. A crew rest facility is a small, enclosed area within a hangar where pilots, mechanics or other crew members may rest for short periods. It is not a residential unit.
      (2)   Time limits. Use is limited to a maximum of 12 hours per rest period with a minimum of 24 hours between uses.
      (3)   Prohibited uses.
         (a)   Crew rest facilities may not be used for permanent, semi-permanent or temporary living quarters.
         (b)   Short-term rentals, subleasing or other residential use is prohibited.
      (4)   Design standards.
         (a)   Must be fully enclosed within the hangar;
         (b)   Only one room may be designated for crew rest use; and
         (c)   The maximum size is 300 square feet.
      (5)   Required amenities. Must include basic kitchen, toilet and washing facilities.
      (6)   Approvals. Installation requires a TI permit, approval from the Town Fire Authority and County Health Department prior to use.
   (M)   Aircraft Museum. Conditional use.
   (N)   Public use (conditional use permit required). See standards in § 154.110.
(Ord. 2026-01, passed 3-25-2026)